Supreme Court to Increase Judge Count from 34 to 38 Amid Backlog

The Supreme Court of India is set to expand its sanctioned number of judges from 34 to 38. This decision follows a request by Chief Justice of India Surya Kant, who advocated for the increase in February to help manage the mounting backlog of cases within the judiciary.

President Droupadi Murmu enacted the Supreme Court (Number of Judges) Amendment Ordinance, 2026 on May 17, facilitating this change. The ordinance was introduced as Parliament was not in session, allowing for an immediate response to the Chief Justice's request.

According to a gazette notification issued on May 16, the measure amends Section 2 of the Supreme Court (Number of Judges) Act, 1956, changing the permitted number from thirty-four to thirty-eight, excluding the Chief Justice. This legislative move comes nearly two weeks after the Union Cabinet endorsed the proposal to augment the judicial strength.

Currently, the Supreme Court faces a significant backlog of over 93,000 cases, exacerbated since the COVID-19 pandemic. Advocates believe this increase is crucial to alleviating the burden and enabling the establishment of dedicated Constitution Benches on a more consistent basis.

Preparations are already underway at the Supreme Court to accommodate the incoming judges. Temporary chambers are being set up, and additional courtroom facilities are being constructed within the existing court complex to ensure a smooth transition as new judges are appointed.

The Supreme Court collegium is set to commence consultations regarding these new appointments on May 18. Of the current vacancies, two remain due to retirements of Justices B.R. Gavai and Rajesh Bindal, along with impending retirements of Justices J.K. Maheshwari and Pankaj Mithal in June and Justice Sanjay Karol in August.

Historically, the strength of judges in the Supreme Court has evolved since the Constitution's inception; originally allowed up to seven judges, it has been increased multiple times to meet judicial demands. The last amendment occurred in 2019, when the number rose from 31 to 34 judges, signifying a significant lag in legislative action regarding judicial appointments.

As the judiciary prepares for the integration of new judges, officials express optimism that the recent changes will result in a more efficient handling of cases, ultimately benefitting the public and ensuring justice is served more expediently.